Mealey's Litigation Procedure - 5th Circuit: Wal-Mart Violated Texas Law In Leases With Optometrists

Mealey's Litigation Procedure - 5th Circuit: Wal-Mart Violated Texas Law In Leases With Optometrists

NEW ORLEANS - Wal-Mart Stores Inc. is liable for violating the Texas Optometry Act (TOA) by requiring optometrists who lease space in their Texas stores to project, in the leases, the number of hours their offices will remain open, the Fifth Circuit U.S. Court of Appeals ruled Aug. 14; however, the appellate panel vacated a civil penalty award for the plaintiffs finding that they never suffered any damages (Doris Forte, O.D., et al. v. Wal-Mart Stores, Incorporated, No. 12-40854, 5th Cir.; 2014 U.S. App. LEXIS 15636).

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